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How to File an Erb's Palsy Claim Medical malpractice happens when a doctor does not perform their duty of treating you with care, resulting to injury or an existing condition worsening. Erb's cases aren't any different. The filing of a successful claim could award families compensation for their child's avoidable brachial plexus injury. It can also bring closure for the family. What is Erb's Palsy Claim? Erb's Palsy can cause young people to lose strength in their arms. The condition can affect how they move, hold objects in their hands, and use their fingers. A young person may need to undergo physiotherapy or other surgical procedures in order to improve their mobility. The condition is caused when an infant's shoulders and neck are strained over and above what they should be in difficult births. erb's palsy lawyer chino hills can result in nerve damage to the brachial-plexus which is a system of five primary nerves that extend from the neck of the baby down to the hand and arm controlling movement and sensation. This can happen when doctors or midwives apply too much pressure to a child's head during delivery, especially if the child is in the breech position. It could also occur when a medical professional uses excessive force with vacuum extractors or forceps, stretching the neck of a newborn. Families may be able to recover compensation for the costs of treatment by filing Erb's Psy claims. A majority of these cases are settled outside of court, avoiding lengthy trial procedures. How do I file an Erb's palsy claim? If your child was diagnosed with Erb's Palsy, you may be entitled to compensation from the medical professionals involved in the birth of your child. A legal claim can assist you in paying for your child's medical care as well as any adaptive equipment needed for therapy, and education in the future. Erb's syndrome is caused by the tendons and nerves of the shoulder of your child become stretched or damaged during the birth or during labor. The injury could be caused by a variety of reasons, including a prolonged, complicated labor or induction, a large or breech baby, or complications following the birth of a previous baby. Your legal team will gather evidence from medical records, and other sources, to support your claim when you make a claim for Erb's Palsy. They will then try to negotiate a settlement with the defendants in the case. In the event of a settlement, both sides will receive a payment and the case will end. If a settlement isn't possible, your case will go to trial. The jury will examine both sides and decide whether they were the ones responsible for the harm suffered by your child. What is the Statute of Limitations in Erb's Palsy Cases? You can receive compensation that can change your life, no matter whether your child's brachial-plexus is affected by an injury from Erb's Palsy or any other type of birth injury. Your lawyer can hold health care professionals accountable for their negligence in causing your child's injury. Nurses and doctors have a duty to adhere to the highest standards of care during the process of giving birth. If they fail to follow this standard they could cause injuries. If your child has suffered an injury to the Erb's palsy it could have been avoided. A skilled lawyer will be able to conduct an exhaustive investigation to discover evidence of negligence. They can also negotiate directly with the lawyers of the party who is at fault to avoid a trial and receive compensation as soon as they can. Getting compensation can help cover the costs of your child's rehabilitation, medical care as well as the essential adaptive equipment and therapy expenses. Compensation can also be used to cover lost wages if you or a family member had to take time away from work to care for your children. The time limit or the time limit for filing lawsuits, is different for each state. What should I look for in an Erb's Palsy lawyer? A successful Erb's Palsy claim requires an attorney with the legal expertise to comprehend the medical issues involved in these cases as well as the determination to challenge insurance companies that deny victims the compensation they are entitled to. Our Brooklyn Erb's Palsy lawyers have both of these qualities and are able to offer a thorough case review for families that suspect their child may have suffered a birth injury that could have been prevented. Erb's Palsy is a kind of brachial plexus injury that affects the upper arms as well as shoulders. It is most often caused by trauma during delivery and can cause weakness or even paralysis of one arm. Many infants suffering from this condition struggle to lift their weight or crawling. This kind of birth injury usually occurs during difficult or breech deliveries. If a baby becomes stuck in the birth canal medical professionals need to apply force to free them, which can stretch or damage the nerves that run through the neck of the infant. This kind of birth trauma, also known as shoulder dystocia is the primary cause of Erb's Palsy. It is also the most common cause of permanent paralysis among newborns. How can Erb's Palsy Lawyers Help Me? There are laws in force, called statutes of limitations which limit the time families can pursue legal action after a medical error causes an injury such as Erb's Palsy. However an attorney can help you file an Erb's Palsy lawsuit even after the time limit has passed. Your attorney will work with your family members to determine if your child's injury was due to medical malpractice. They will hire medical professionals to evaluate your child's medical records and give their opinion. This is known as establishing the appropriate standards of care in your case. Erb's Syndrome is one form of brachial-plexus syndrome. It affects your child's movement and sensory responses. The cause is an injury to the nerves of the brachial plexus at the birth. In cases of shoulder dystocia, it is usually caused by medical personnel using excessive pressure when delivering the baby. This may compress and stretch, or even tear neck nerves. Children with Erb's palsy require ongoing rehabilitation and physiotherapy. They also may need to get adaptive equipment for their homes. The compensation awarded by the court can aid you and your family pay for these costs.